Near as I can tell from the article, there is no recorded easement, but there is a claim of an easement by use (or some such thing)
Hard to prove
both parties need to agree to such an easement and would need to be recorded to be legal and undisputed
Had a neighbor try to do that with me, he even convinced the town I live in of it, I had to get an attorney who explained the law to the those dunderheads and I won. Cost me money, while my neighbor got free use of the township attorneys and zoning officials, nice right? I pay taxes and paid for the lawyers who were fighting me while I had to pay for my own lawyer. Freedom.
> easement by use
IANAL, but issues like this split conservatives.
conservative: private property ownership
conservative: respect for very long standing western principles and practice that predate the US
Sounds like a prescriptive easement to me.
Wonder if the county’s trails map shows the route?